There is hereby established in the Town of Monroe
a department to be designated as the Building Department for the administration
and enforcement of the provisions of all laws, ordinances, rules,
regulations and orders applicable to the location, design, materials,
construction, alteration, repair, equipment, maintenance, use, occupancy,
removal and demolition of buildings and structures and their appurtenances
located in the town, exclusive of the Villages of Harriman and Monroe.

The Building Inspector shall be a person who shall
have had at least two years' experience as a licensed professional
engineer or architect, building inspector, building contractor or
supervisor of building construction.

The Building Inspector, with the consent of the Town
Board, may appoint one or more Assistant Building Inspectors, as the
need may appear, to serve at the pleasure of the Board and to exercise,
pursuant to the provisions of this chapter, any or all of the duties
of the Building Inspector. The compensation of such Assistant Building
Inspectors shall be fixed by the Town Board.

The Assistant Building Inspector shall be a person
who has had at least one year of practical experience in the design
or construction of buildings or in the design, construction or installation
of plumbing, heating or electrical equipment.

In the absence of the Building Inspector or
in the case of his inability to act for any reason, the Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act in his behalf and to exercise all of the powers conferred
upon him by this chapter.

No officer or employee of the Building Department
shall engage in any activity inconsistent with his duties or with
the interests of the Building Department; nor shall be, during the
term of his employment, be engaged directly or indirectly in any building
business, in the furnishing of labor, materials or appliances for
the construction, alteration or maintenance of a building or the preparation
of plans or specifications thereof within the said territory, excepting
only that this provision shall not prohibit any officer or employee
from such activities in connection with the construction of a building
or structure owned by him.

No official or employee of the Building Department
shall, while acting pursuant to the provisions of this chapter, be
personally liable for any damage that may accrue to persons or property
as the result of any act required or permitted in the discharge of
his official duties, provided that such acts are performed in good
faith and without gross negligence.

The Building Inspector shall have all of the powers
relating to the administration and enforcement of the State Building
Construction Code set forth in Article 18 of the Executive Law and
as hereafter amended.[1]

Editor's Note: The Town Board, by a resolution
adopted 10-3-1952, accepted the applicability of the State Building
Construction Code for the Town of Monroe. Copies of the State Building
Construction Code are available for public inspection in the office
of the Building Inspector.

Except as otherwise specifically provided by law,
ordinance or regulation, or except as herein otherwise provided, the
Building Inspector shall administer and enforce all of the provisions
of laws, ordinances and regulations applicable to the construction,
alteration, repair, removal and demolition of buildings and structures,
and the installation and use of materials and equipment therein, and
the location, use, occupancy and maintenance thereof.

He shall receive applications and issue permits for
the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued for the purpose
of ensuring compliance with laws, ordinances and regulations governing
building construction.

He shall issue all appropriate notices or orders to
remove illegal or unsafe conditions, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties, except that he may accept
written reports of inspection from Assistant Building Inspectors or
other employees of the Department of Buildings or from generally recognized
and authoritative service and inspection bureaus, provided that the
same are certified by a responsible official thereof.

Whenever the same may be necessary or appropriate
to assure compliance with the provisions of applicable laws, ordinances
or regulations covering building construction, he may require the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.

The Building Inspector shall keep permanent official
records of all transactions and activities of the Building Department,
including all applications received, permits and certificates issued,
fees charged and collected, inspection reports and notices and orders
issued. All such records shall be public records open to public inspection
during business hours.

The Building Inspector shall, monthly, submit to the
Town Board a written report and summary of all business conducted
by the Building Department, including permits and certificates issued,
fees collected, orders and notices promulgated, inspections and tests
made and appeals or litigation pending.

The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of all other municipal officials exercising
any jurisdiction over the construction, use or occupancy of buildings
or the installation of equipment therein.

No person, firm, corporation or association shall
commence or cause to be commenced the erection, construction, enlargement,
alteration, removal, improvement, demolition, conversion or change
in the nature of the occupancy of any building or structure nor shall
any person, firm, corporation or association do any earth work, such
as excavating, filling, blasting, changing the grade of any land or
altering the course or bed of any natural water body, or cause the
same to be done in preparation for such erection, construction, enlargement,
alteration, improvement or conversion of any building or structure
or for any accessory use to service such building or structure, such
as parking facilities, without first obtaining a separate building
permit from the Building Department for each such building or structure,
except that no building permit shall be required for the performance
of ordinary repairs which are not structural in nature.

No person, firm, corporation or association shall
commence or cause to be commenced any earth work or earthmoving activities
whatsoever, such as excavation, clearing, stripping, filling, grading
or removal, in preparation for any use of the land different than
its current use without first making application to and obtaining
approval of the Town Building Department to do so.

In the event that any of the foregoing activities
result in or will result in significant impact on surrounding property
lots or change to the existing lot(s), including increased drainage
runoff, soil erosion or grade change in excess of 10% overall, the
Building Department shall, in its discretion:

A duplicate set of plans and specifications as set forth in Subsection F of this section in every case where the improvement is to be performed after competitive bids; otherwise, a duplicate set of plans and specifications procured or prepared by the building contractor who is to perform the work, by agreement with the owner or for his own account on property owned by him, which are deemed sufficient by the Building Inspector.

Such other information as may reasonably be required
by the Building Inspector to establish compliance of the proposed
work with the requirements of the applicable building laws, ordinances
and regulations, including the State Building Construction Code.

Applications shall be made by the owner or lessee
or agent of either or by the architect, engineer or builder employed
in connection with the proposed work. Where such application is made
by a person other than the owner, it shall be accompanied by an affidavit
of the owner or applicant that the proposed work is authorized by
the owner and that the applicant is authorized to make such application.

Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction and all existing structures on the site, the nature
and character of the work to be performed and the materials to be
incorporated, distance from lot lines and, where required by the Building
Inspector, details of structural, mechanical and electrical work,
including computations, stress diagrams and other essential technical
data. Plans and specifications shall bear the signature of the person
responsible for the design and drawings. The Building Inspector may
waive the requirement for filing plans.

Legislative findings and intent. The Town Board ("Board") of the
Incorporated Town of Monroe, New York ("Town"), hereby finds that
there is a critical and compelling need, in the public interests as
set forth herein, to provide for full and fair disclosure of all entities
making land use applications before the Town to the extent possible
to ensure that any and all potential conflicts of interest or other
ethical concerns are properly disclosed and addressed by any and all
affected parties. The Town finds and declares that there is no existing
law that preempts the adoption of this section so that the public
interests in open and transparent government and land use applications
can be promoted by enactment of this section to require all land use
applicants to supply information as to all limited and general members,
shareholders, officers and directors or any other persons having control
over such entity who applies for approval from the Town for any unincorporated
areas within the Town. The Town Board further finds and declares:

The Town Board finds that in connection with development or
potential development in the unincorporated portions of the Town that
land use applications may have a significant impact upon the health,
safety and general welfare of the Town, its inhabitants and visitors,
and upon existing uses, public services, traffic and the environment,
in general.

The Town Board further finds that under these circumstances
the Town Board is required to be certain that anyone with any interest
or controlling position of any limited liability company, partnership,
limited partnership, joint venture, doing business name, corporation
or association (hereinafter referred to as the "entity") who applies
for any land use approval or permission from the Town must have no
conflict of interest and that the disclosure of any member, shareholder,
director, officer, beneficial owner, or authorized person (herein
collectively the "nondisclosed person") is required to be made in
any land use application or request for any approval from the Town
to be certain that no conflict of interest exists and without the
disclosure of that nondisclosed person a meaningful review of any
conflict cannot take place.

Any "authorized person" as used herein shall mean a person,
whether or not a nondisclosed person who is authorized to act or otherwise
acts, solely or in conjunction with others, on behalf of an entity
or to direct, influence or otherwise control the entity in any manner.

Every nondisclosed person for any entity applying for land use
approvals or permission to undertake any construction activity within
the unincorporated portion of the Town shall complete an entity disclosure
statement in the form approved by the Town Board from time to time
by resolution and provide all information required in said form. Said
statement shall be affirmed or sworn to under the penalty of perjury
and shall be filed along with any such land use application or request
for permission to undertake any construction activity within the Town

In the event that a land use project that has previously received
approval is sold, assigned or otherwise transferred, whether by transfer
of the property or transfer of the management or operation or both
of the entity to another entity, the transferring entity shall notify
the Town in writing, and any such succeeding entity must fully comply
with this section before any work or other activity on the project
shall be permitted to proceed, continue, or be completed.

Said entity disclosure statement shall apply to any land use
approvals or permission sought from the Building Inspector, the Town
Board, the Town Planning Board or the Town Zoning Board of Appeals.
The Town Board, Planning Board and Zoning Board of Appeals shall not
process, hear, rehear, approve or sign any new or pending preliminary
or final site plan, preliminary or final subdivision, special permit,
variance or other land use application or permit which relates directly,
or indirectly, to any construction activity, including but not limited
to any grading permit, erosion and sediment control permit, wetland
permit, sewer connection permit, floodplain development permit, water
connection permit, which may be granted in association with any construction
unless the application includes a fully completed entity disclosure
statement signed and either sworn to or affirmed and submitted with
said application to the respective Board.

Interior or exterior remodeling of a single-family detached
residential dwelling in existence and with a valid certificate of
occupancy as of the effective date this section, which does not involve
any change of use or increase the size of the building, including
but not limited to window replacement, door replacement, plumbing
improvements, new siding, removal of interior walls, and similar improvements;

Repair, involving the removal and installation of an individual
well or in-ground septic system, for a dwelling in existence and with
a valid certificate of occupancy as of the effective date of this
section;

Other minor improvements to dwellings or residential lots with
an existing certificate of occupancy, after the Building Inspector
has conferred with the Town Board, and the Town Board has rendered
a determination that the improvement falls within the scope and nature
of the exemptions listed herein.

Where an entity or its representative(s) refuses or otherwise
fails to provide the information required under this section, the
further processing of such application and any work related thereto
("the application") shall be suspended in all respects, until such
time as the board or official before which application is submitted
or pending determines that the entity has fully complied with all
provisions of this section. In the event of any form of transfer of
the property that is the subject of the application occurs or the
ownership or management or both of the project is transferred in any
manner to another entity during a pending suspension of the application
under this section, the application shall remain suspended until such
time as the succeeding entity shall appear before such board or official
before whom the application is pending and obtain approval for any
continued work in relation to the application in addition to compliance
with this section. The Building Inspector is authorized to and shall
issue a stop-work order on any project where an application has been
suspended under this section.

Any entity or authorized person or representative of an entity that provides no information or false information or grossly inaccurate information or otherwise makes any misrepresentation in any application shall, in addition to the suspension of any pending application as set forth in Subsection C(1) above, be subject to a civil penalty of 1% of the stated value of the applicant's project as reflected in its application or the fair market value of the applicant's proposed project (whichever is greater) for any violation of this section. The Town Building Inspector/Code Enforcement Officer is hereby authorized to issue an appearance ticket or other process for a violation of this section.

Nothing herein shall be deemed to preclude a criminal proceeding
being instituted by the people of the State of New York against the
entity or any of its representatives in the Justice Court or County
Court for any offenses where the conduct committed may constitute
a violation of the New York State Penal Law or other criminal statutes.

Civil penalty. In addition to those penalties prescribed herein
and by state law, any person or entity who violates any provision
of this chapter shall be liable for all reasonable attorney's
fees, costs and disbursements incurred by the Town to recover this
civil penalty in any legal action instituted in the name of this Town.
In any such proceeding to collect a civil penalty or enforcement action,
the Town shall be entitled to collect interest, costs and disbursements
incurred in connection with such proceeding and in addition reasonable
counsel fees or a charge to reimburse the Town for expenditures for
appraisers, accountants or other consultants employed by the Town.

Application of law. This section shall apply to all land use applications
to and/or before the Building Inspector, Town Board, Planning Board
or Zoning Board of Appeals pending at the date of enactment of this
section. This legislative action by the Town Board is being adopted
by local law, using Municipal Home Rule Law procedures.

State Environmental Quality Review Act. Pursuant to 6 NYCRR 617.5(20)
and (27) this section is classified as Type II action, which requires
no further review under the State Environmental Quality Review Act.

The Building Inspector shall examine or cause to be
examined all applications for permits and the plans, specifications
and documents filed therewith. He shall approve or disapprove the
application within a reasonable time.

Upon approval of the application and upon receipt
of the legal fees therefor, he shall issue a building permit to the
applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto.

Upon approval of the application, both sets of plans
and specifications shall be endorsed with the word "approved." One
set of such approved plans and specifications shall be retained in
the files of the Department of Buildings and the other set shall be
returned to the applicant, together with the building permit, and
shall be kept at the building site open to inspection by the Building
Inspector or his authorized representative at all reasonable times.

If the application, together with plans, specifications
and other documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable building
regulations, the building official shall disapprove the same and shall
return the plans and specifications to the applicant Upon the request
of the applicant, the Building Inspector shall cause such refusal,
together with the reasons therefor, to be transmitted to the applicant,
in writing.

A building permit shall be effective to authorize
the commencing of work in accordance with the application, plans and
specifications on which it is based for a period of six months after
the date of its issuance. For good cause, the Building Inspector may
allow a maximum of two extensions for periods not exceeding three
months each.

The issuance of a building permit shall constitute
authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approval application, plans and specifications,
except that no building permit shall be valid insofar as it authorizes
the performance of work or the use of materials which are not in accordance
with the requirements of the applicable building regulations.

If no permit is issued, the applicant shall be entitled
to a refund of 50% of the fee paid, provided that no construction
has commenced. Upon completion of the work, the Building Inspector
shall file the plans, if plans are required, accompanied by his certificate
of completion.

On completion of the work for which a permit has been
issued and prior to the issuance of a certificate of occupancy as
hereinafter provided, the applicant for such permit shall submit to
the Building Inspector a sworn statement setting forth the true and
correct cost of such work, and in the event the cost as set forth
in such statement exceeds the estimated cost, the permit fees shall
be recomputed in accordance with the schedule of fees hereinbefore
provided and the deficiency paid to the town.

Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations, or not in conformity with the provisions
of an application, plans or specifications on the basis of which a
building permit was issued, or in an unsafe and dangerous manner,
he shall notify the owner of the property, or the owner's agent, or
the person performing the work, to suspend all work, and any such
persons shall forthwith stop such work and suspend all building activities
until the stop order has been rescinded. Such order and notice shall
be in writing, shall state the conditions under which the work may
be resumed and may be served upon a person to whom it is directed
either by delivering it personally to him or by posting the same upon
a conspicuous portion of the building under construction and sending
a copy of the same by registered mail.

Any employee of the Department of Buildings,
upon the showing of proper credentials and in the discharge of his
duties, may enter upon any building, structure or premises at any
reasonable hour, and no person shall interfere with or prevent such
entry.

No building hereafter enlarged, extended or altered,
or upon which work has been performed which required the issuance
of a building permit, shall continue to be occupied or used for more
than 30 days after the completion of the alteration or work, unless
a certificate of occupancy shall have been issued by the Building
Inspector.

Before issuing a certificate of occupancy, the Building
Inspector shall examine or cause to be examined all buildings, structures
and sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and he may conduct such inspections as he deems
appropriate from time to time during and upon completion of the work
for which a building permit has been issued.

When, after final inspection, it is found that the
proposed work has been completed in accordance with the applicable
building laws, ordinances and regulations, and also in accordance
with the application, plans and specifications filed in connection
with the issuance of the building permit, the Building Inspector shall
issue a certificate of occupancy upon the form provided by him. If
it is found that the proposed work has not been properly completed,
the Building Inspector shall refuse to issue a certificate of occupancy
and shall order the work completed in conformity with the building
permit and in conformity with the applicable building regulations.

The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.

Upon request, the Building Inspector may issue
a temporary certificate of occupancy for a building or structure,
or part thereof, before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public welfare.

Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
with the requirements of the applicable building laws, ordinances
or regulations, the Building Inspector may require the same to be
subjected to tests in order to furnish proof of such compliance.

Purpose. Unsafe buildings pose a threat to life and property in the
Town of Monroe. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building, including but not limited to buildings not maintained structurally;
or which are under construction and which the construction stops for
a period of time which makes the building unsafe; which are abandoned
may also serve as a place of rodent or other animal infestation, thereby
creating a health menace to the community. Debris, rubble or parts
of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. Buildings which are structurally
unsafe and/or unfinished present a dangerous, unhealthy and unsightly
condition which the health, safety, and welfare powers of the municipal
government authorize the Town (but do not require the Town) to remedy.
It is the purpose of this chapter to provide for the safety, health,
protection and general welfare of persons and property in the Town
of Monroe by requiring such unsafe buildings to be repaired or demolished
and removed.

Prohibited acts. It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Monroe to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 23-23B of this chapter.

Investigation and report. When, in the opinion of the Building Inspector or Town Engineer (or both), any building or structure located in the Town of Monroe shall be deemed to be an unsafe building or structure to the public as defined in § 23-23B, the Building Inspector or Town Engineer shall make a formal inspection thereof and report, in writing, to the Town Board of his findings and recommendations in regard to the building's or structure's removal or repair.

Action of Town Board upon receipt of report. The Town Board shall,
upon receipt of the report, meet to consider the same and shall cause
the same to be transmitted to the property owner. The transmittal
notice shall include:

That a hearing shall be held before the Town Board on the same, at
which hearing the owner, occupant or other person having an interest
in said premises shall have the right to contest the report of the
Town Engineer or Building Inspector.

That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and/or
fail to comply with the same, the Town Board may, upon the conclusion
of the hearing, order the repair or removal of such building or structure
by the town and that the town will assess all costs and expenses,
including but not limited to legal and engineering expenses, incurred
in such repair or removal against the land on which such building
or structure is located or will institute a special proceeding against
the owner to collect the cost of repair or removal, including all
legal and engineering expenses incurred in connection therewith.

The hearing set by the Town Board pursuant to § 23-23E(5), above, shall be upon at least five days' notice. The Town Board shall attempt to cause one or more persons in the County of Orange having an interest in the building or structure to be served personally with the hearing notice. If afterthree attempts to personally serve an owner or person having an interest in the building, such service has not been successful, or if all persons known to have an interest in the building or structure appear not to be residents of the County of Orange after investigation by staff directed by the Town Supervisor to undertake such a review, a notice of the hearing shall be posted on the door of other suitable location of the building or structure which shall be plainly visible and shall be sent by first class and certified mail, return receipt requested to the owner or one of the owners, executors, legal representatives, agents, lessees or other person having a vested interest in the premises as shown on the town tax records. If the Town tax bill is also sent to a mortgagee, the Town may, but shall not be required to cause such notice to be sent to such mortgagee. If personal service (delivered personally to one or more persons who appear as the record owner or owners of the property) was not accomplished, a notice of hearing shall also be published in the official newspaper of the Town.

At such hearing, the Building Inspector or his or her assistant,
or the Town Engineer, or both or all, shall discuss the report with
the Town Board and make a recommendation to remediate the dangerous
and unsafe condition. Thereafter, the property owner may be heard
personally or by Counsel and provide such testimony or evidence as
he or she shall deem warranted, including but not limited to testimony
from a contractor or engineer. The formal rules of evidence under
the CPLR shall not apply.

The Town Board may adjourn the hearing until a later date, or close
the hearing to oral testimony and allow the submission or written
statements until a date specified in the Town Board's resolution
closing the hearing from oral testimony. Likewise, if the Town Board
is satisfied that the property owner has had opportunity to present
evidence, the Town Board may close the hearing for testimony and render
an order.

Upon the failure of the property owner or his/her/its representative
to appear and contest the evidence, the testimony of the Building
Inspector or Town Engineer may be deemed, by the Town Board, as established.

Such order shall require the property owner to commence such
improvements to the building or structure or demolish the building
or structure within 30 days and to be completed within 60 days unless
the start or completion dates should be modified for good cause shown
(such as imminent threat or anticipated seasonal change which would
make the work's completion unlikely).

A copy of said order shall be personally served upon the owner
or some one of the owners, executors, legal representatives, agents,
lessees or other person having a vested interest in the premises as
shown on the town tax records or in the records in the Orange County
Clerk's office. Alternatively, if one or more of the owners of
the property appeared by Counsel, service shall be permitted by certified
mail to such Counsel.

If no such person (owners, executors, legal representatives,
agents, lessees or other person having a vested interest in the premises
as shown on the town tax records) can be reasonably found for personal
service (after the Town having made three attempts to do so within
the County of Orange), then a copy of said notice shall be mailed
to such person by registered mail addressed to his last known address,
as shown on said records, and by securely affixing a copy of said
notice upon said building or structure.

In addition to either Subsection G(2)(a) or (b) immediately above, a copy of said notice shall be filed in the Orange County Clerk's office, which notice shall be filed in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. The notice so filed shall be effective for a period of one year from the date of filing and may be extended by the town for an additional period of one year thereafter upon the filing with the Orange County Clerk of a duly verified extension of notice which shall provide for extension thereof and refer to the name and address of the person against whom the notice was served, the date the original notice was filed and a statement that the Town elects to extend the effectiveness of said notice pursuant to this section of the Code of the Town of Monroe. Such notice may be vacated only upon an order of a judge or justice of a court of record and of competent jurisdiction upon grounds sufficient to cancel a notice of pendency pursuant to § 6514 of the Civil Practice Law and Rules.

If, after an order is transmitted pursuant to § 23-23G of this section, such order is not complied with, the Town Board may provide that such building or structure be made safe and secure or removed and demolished by town employees or by independent contractors. Except in emergency cases as herein provided, any contract for repair or demolishing and removal of a building or structure in excess of $20,000 shall be awarded through competitive bidding.

Assessment of expenses. All expenses incurred by the Town in connection
with the proceedings to repair and secure or demolish and remove the
unsafe building, including the cost of actually removing such building
and all reasonable and necessary legal expenses incidental thereto,
shall, at the option of the Town Board, either:

Be assessed against the land on which such building is located
and shall be levied and collected in the same manner as provided in
Article 15 of the Town Law for the levy and collection of a special
ad valorem levy; or

In the event that the Town takes any action as provided in this
chapter which results in the incurring of any expenses and the Town
Board seeks to assess such expenses against the land on which the
building is located, the Town Board shall conduct a public hearing
as to the amount of such expenses.

The date, time and place of the hearing to be held before the
Town Board, at which time the owner or his representative or agent
shall have the right to contest the amount of expenses to be assessed
or collected.

That in the event that such owner or his representative or agent
shall fail to appear and/or fail to successfully contest such expenses,
the Town Board shall levy such expenses against the land described
in the notice and shall collect them in the same manner as provided
in Article 15 of the Town Law for the levy and collection of a special
ad valorem levy.

Service of the notice required by § 23-23H shall be made by regular first class and certified mail, return receipt requested, to the record owner of the property as shown on the Town of Monroe assessment office; and on any person appearing on behalf of the property owner during any hearing occurring under this section; and at the option of the Town Board, personally on any property owner or tenant of the property appearing to be over the age of 18.

Emergencies. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition, at the option of the Town Board, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 23-23H(2)(a) hereof or shall be the subject of a special proceeding as provided in § 23-23H(2)(b) hereof.

It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any provision of this chapter or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or to
construct, alter or use and occupy any building or structure or part
thereof in a manner not permitted by an approved building permit or
certificate of occupancy.

Any person who shall fail to comply with a written
order of the Building Department within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in the construction or use of
any building, who shall knowingly violate any of the applicable provisions
of this chapter or any lawful order, notice, directive, permit or
certificate of the Building Department made thereunder, shall be punishable
by a fine of not more than $500 or 30 days in jail, or both. Each
day that a violation continues shall be deemed a separate offense.

Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, if any person convicted
thereof.

This section shall not apply to violations of the
provisions of the State Building Construction Code punishable under
§ 385 of the Executive Law of the State of New York, nor
to violations of the provisions of the Multiple Residence Law punishable
under § 304 of the Multiple Residence Law of the State of
New York.

Appropriate actions and proceedings may be taken
at law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding section.